NEWARK , N.J., April 3, 2008 /PRNewswire/ -- Seton Hall Law School's Center
for Social Justice and Lowenstein Sandler PC, filed suit today in federal
court, alleging that federal law enforcement officials violated the ten
victims' constitutional privacy and due process rights under the Fourth and
Fifth Amendments by entering their homes without consent or a judicial warrant
during pre-dawn "raids." The plaintiffs include two U.S. citizens, a
permanent resident, and a lawful protection-status grantee.

The complaint is based on eight home raids across the state of New Jersey
between August 2006 and January 2008 . The raids all follow a similar pattern,
in which immigration agents forced their way into each plaintiff's home in the
early hours of the morning without a judicial warrant or the occupants'
consent. Most of the plaintiffs were awakened by loud pounding on their doors
and answered the door, fearing an emergency. ICE agents subsequently either
lied about their identity or purpose to gain entry, or simply shoved their way
into the home. During each raid the agents swept through the house and,
displaying guns, rounded up all the residents for questioning. In some cases
they ordered children out of their beds, shouted obscenities, shoved guns into
residents' chests, and forbade detained individuals from calling their
lawyers. In at least half the raids, the officers purported to be searching
for a person who did not even live at the address raided.

The complaint asserts that these practices are not isolated violations,
but are examples of a clear modus operandi typical of the Immigration and
Customs Enforcement ("ICE") program called "Operation Return to Sender."
Under this program, the complaint alleges, ICE agents have been ordered to
meet dramatically increased immigrant arrest quotas using grossly outdated
address information and without having been trained on lawful procedures.

"This is the first lawsuit in the country to focus on the consistency of
these abusive home raid practices across an entire state, and over a
significant period of time," said Bassina Farbenblum, an attorney at the Seton
Hall Center for Social Justice. "Our complaint shows that what happened to
our plaintiffs in the middle of the night was not exceptional. It was part of
a routine, widespread practice, condoned at the highest levels of government,
that tramples the rights of citizens and non-citizens alike."

ICE claims that Operation Return to Sender was designed to arrest
criminals and individuals with old deportation orders, people whom ICE calls
"fugitives." But the statistics belie this explanation. Of the 2,079 people
arrested in New Jersey last year under this program, 87% had no criminal
record, and as few as 1 in 3 were "fugitives" with outstanding deportation
orders. These statistics demonstrate that the program has been used as a
pretext for dragnet searches in which ICE makes thousands of what it
euphemistically calls "collateral arrests" of people like the plaintiffs in
today's suit.

The complaint alleges that responsibility for the pre-dawn raids and the
associated constitutional violations reaches senior federal officials,
including the head of ICE, Assistant Secretary for Homeland Security Julie
Myers , who knew about the practice and allowed it to continue. The complaint
also seeks to hold responsible local police officers who participated in one
of the raids alongside ICE agents.

"None of the home raids in today's case involved valid warrants allowing
the agents to enter, and none of the residents gave consent," noted
plaintiffs' attorney Scott Thompson , of Lowenstein Sandler. "The Constitution
is very clear about the circumstances under which law enforcement may enter a
private home, and the entries in this case did not even come close."

According to the complaint, the constitutional violations did not cease
once agents had entered the homes. For example, plaintiff Maria Argueta , a
legal resident, was arrested in her home at 4:30 in the morning and detained
for 24 hours without food or water; the agents lied to get into her home then
refused to even to look at her immigration papers proving her status. Agents
shoved a gun into the chest of another plaintiff and screamed obscenities at
her. Numerous ICE agents and local Penns Grove police officers stormed yet
another plaintiff's house at three in the morning with guns drawn, without a
search warrant, claiming they were looking for her brother, whom the
government had actually deported at least two years earlier.

"Repeatedly in this country's history, and especially during our most
challenging times, immigrant populations have been the targets of suspicion,
hostility and overly aggressive law enforcement tactics," said plaintiff's
lawyer and Seton Hall Law Professor Baher Azmy . "If we don't want to regret
this moment, as we've come to regret previous ones, we should stop to consider
the costs of these lawless and abusive practices -- to our commitment to fair
and humane procedures and to the human beings in our midst who suffer real
harm."

Previously, the Center for Social Justice and the newspaper Brazilian
Voice filed a Freedom of Information Act suit in federal court, challenging
the government's withholding of documents about the raids. That lawsuit,
filed January 28, 2008 , can be found at http://law.shu.edu/csj/iceraids.html.

Seton Hall University School of Law, New Jersey's only private law school
and a leading law school in the New York metropolitan area, is dedicated to
preparing students for the practice of law through excellence in scholarship
and teaching with a strong focus on clinical education. The Center for Social
Justice, a core of Seton Hall Law School's Catholic mission, provides clinical
education and volunteer opportunities to students and engages in various forms
of advocacy, scholarship and direct legal services in an effort to secure
equality, civil rights and legal protection for individuals and communities in
need. Seton Hall Law School is located in Newark . For more information visit
http://law.shu.edu/ .

Lowenstein Sandler PC is a nationally recognized corporate law firm with
offices in New York, New Jersey and Boston , with more than 275 attorneys
providing a full range of legal services. The firm's commitment to its
clients is demonstrated through its client-centered, service-oriented
culture. Lowenstein Sandler attorneys are regularly recognized for excellence
by clients and peers in national publications, including Best Lawyers in
America, Chambers USA Guide to America's Leading Lawyers for Business and The
Legal 500. http://www.lowenstein.com